Former heavyweight boxer Chuck Wepner's lawsuit will go forward against Sylvester Stallone, contending his name was inappropriately used by the actor to promote the Rocky movies.

However, two other claims by the ex-fighter, nicknamed the Bayonne Bleeder, were dismissed Monday by U.S. District Judge Katharine S. Hayden: that Stallone was unjustly enriched by trading on Wepner's life story and that Wepner suffered by relying on Stallone's promises.

A trial date wasn't scheduled. The judge told lawyers to take depositions and exchange information.   

"For us, it's 100 percent victory, since those two claims were tenuous at best," Wepner lawyer Anthony G. Mango said Tuesday.

Stallone's lawyer, Jon Paul Robbins, declined to comment.   

Wepner, 65, lives in Bayonne, N.J., and works as a liquor salesman. He has charged that Stallone used his name to promote Rocky, its four sequels and products associated with the films.   

Stallone's publicist, Michelle Bega, said the actor is confident that he will prevail.   

"In keeping with the tradition of Chuck Wepner's career, once again he is almost down for the count," Bega said Tuesday night. "Soon, he'll be completely knocked out, this time by a fictional character."

Wepner, a New Jersey club fighter, was plucked from obscurity by promoter Don King. He drew notice in 1975 in a punishing 15-round loss to Muhammad Ali.   

Rocky, the 1976 Oscar-winning film, was the story of a down-and-out club fighter from Philadelphia who was given a bout for the heavyweight title. Stallone played Rocky Balboa, who trained at a meat-cutting plant and nearly dethroned the champ.

"Wepner contends, and Stallone does not contest, that the main character, Rocky Balboa, was based on Wepner and the plot of the first movie was inspired on the 1975 fight," the judge wrote.

The lawsuit contended that Stallone made several promises to Wepner that he would be financially compensated over the years, but no payments were made.

The judge, however, found Wepner could identify no specific agreements relating to the use of his name to promote the films and the facts in the lawsuit "fail to support the allegation that Wepner expected payment for the use of his name in marketing."